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Northern Ireland (St Andrews Agreement) Act 2006

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This is the original version (as it was originally enacted).

Department in the charge of two Ministers

This section has no associated Explanatory Notes

3(1)Paragraph 7 (provisions relating to relevant Ministers) is amended as follows.

(2)After sub-paragraph (3) insert—

(3A)But a member of the Assembly who is a member of a political party may not be nominated unless the nominating officer of the party consents to his nomination within a period specified in standing orders.

(3)In sub-paragraph (9), at the end insert ; or

(d)where consent to his nomination was required under sub-paragraph (3A), he is dismissed by the nominating officer who consented (or that officer’s successor) and the Presiding Officer is notified of his dismissal.

(4)After sub-paragraph (10) insert—

(10A)If, as a result of the relevant Ministers (“the former Ministers”) ceasing to hold office and the relevant Ministerial offices being filled by virtue of sub-paragraph (10)(b),—

(a)the total number of Ministerial offices held by members of a political party increases; or

(b)the total number of Ministerial offices held by members of a political party decreases,

all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders.

(10B)But sub-paragraph (10A) shall not apply if—

(a)either of the former Ministers ceased to hold office by virtue of being dismissed by a nominating officer under sub-paragraph (9)(d); and

(b)before the relevant Ministerial offices were filled, either of the conditions in sub-paragraph (10C) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer concerned.

(10C)The conditions are that—

(a)the First Minister and the deputy First Minister sought to nominate the member under sub-paragraph (3) for one of the relevant Ministerial offices but consent to his nomination was not given in accordance with sub-paragraph (3A); or

(b)the member was nominated under sub-paragraph (3) for one of the relevant Ministerial offices and the nomination took effect within the period specified in standing orders by virtue of sub-paragraph (5)(a), but the member did not take up the office within that period.

(5)After sub-paragraph (13) insert—

(14)In this paragraph “nominating officer” has the same meaning as in section 18.

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